Duke  University  Lioranes. 

Official  corres 
Conf  Pam  l2mo  #317 


OFFICIAL  CORRESPONDENCE, 
RELATING  TO  TOE  OWNERSHIP 


OF  THE 


STEAMEK  GIRAFFE. 


EiCHMOND,  Va.,  Feb.  2G,  1863. 
To  His  Excellency  the  President  : 

Sir  :  I  claim  justice  at  your  hands  with  a  confidence  unshaken  by 
the  fact  that  it  has  been  denied  me  elscwliere. 

In  August,  1862,  I  made  a  contract  with  the  Secretaries  of  War 
and  the  Treasury,  by  which  I  undertook  to  go  to  Great  Britain  and  to 
assist  in  an  enterprise,  suggested  by  me,  to  buy  and  freight  the  fast 
steamer  ''  Giraffe,"  and  bring  her  into  a  Confederate  port  on  Govern- 
ment account. 

By  the  terms  of  the  contract  I  was  to  have,  as  the  only  compensa- 
tion for  my  services,  the  right  to  take  the  vessel  at  cost  upon  her  arri- 
val in  a  Corvfederate  port.  That  such  was  the  contract,  distinctly 
appears  from  the  letter  of  the  then  Secretary  of  War,  to  Lt.  John 
Wilkinson,  C.  S.  Navy,  dated  August  12,  186;^.  See  copy  herewith 
presented,  marked  (No.  1).  The  origin  and  object  of  the  enterprise 
and  the  character  of  my  connection  with  it,  are  shown  by  a  letter  of 
G%n.  Randolph  to  me,  dated  Feb.  20,  1863, — see  copy  (No.  2,) — and 
by  a  letter  of  Secretary  Memminger  to  me,  dated  Feb. -21,  1863, — see 
copy  (1^0.  3). 

In  compliance  with  this  contract  I  went  to  Great  Britain  with  Lt. 
Wilkinson,  and  rendered  such  assistance  as  I  could  in  the  purchase  of 


the  ".GiraBfe" — made  purchases  for  the  Treasury  Department^  amount- 
ing to  about  £10,000,  and  continued,  in  all  respects,  to  the  best  of  my 
ability,  to  forward  an  enterprise  which  resulted  in   the  safe  arrival  of 

the    "Griraffe"   on  the day  of   December,   1862,    in    the   port  of 

"Wilmington,  N.  C,  with  a  cargo  for  the  Government  of  which  it  would 
be  difficult  to  over-estimate  the  value.  The  estimate  placed  upon  my 
services,  by  the  Secretary  of  the  Treasury,  appears  from  his  letter  al- 
ready referred  to.  That  I  rendered  assistance,  advice  and  information, 
in  the  purchase  of  the  "Giraffe,"  is  shown  by  the  letter  of  Lt.  Wilkin- 
son to  me,  dated  Feb.  24,  1863, — see  copy  (No.  4).  The  .expenses  of 
my  trip  to  Great  Britain,  going,  remaining  and  returning,  were  defrayed 
out  of  my  own  means. 

Upon  the  arrival  of  the  "  Giraffe  "  in  a  Confederate  port,  I  claimed 
the  right  at  once  to  take  her  at  cost,  according  to  the  contract;  but, 
without  expressly  admitting  or  denying  my  right,  an  appeal  was  made 
to  me  to  consent  that  she  might  be  used  for  another  voyage,  which  was 
represented  to  be  of  great  public  importance.  I  could  not  but  regard 
this  as  a  very  injurious  departure  from  the  contract,  but  I  was  con- 
strained to  consent,  and  did  consent,  on  terms  of  being  allowed  to  bring 
in,  on  the  return  of  the  vessel,  a  limited  amount  of  freight,  to  be  ac- 
counted for  in  any  future  settlement  of  my  claim  to  the  purchase  and 
use  of  the  vessel. 

My  claim  of  the  right,  under  the  contract,  to  take  the  vessel  at  cost, 
was,  from  the  beginning,  met  by  suggestions  of  doubt  as  to  the  obliga- 
tion of  the  contract,  and  by  questions  as  to  the  mode  and  the  amount 
of  payment  to  be  made,  by  me,  under  it.  These  doubts  and  questions 
were  constantly  presented,  in  close  and  singular  alternation  with  inti- 
mations of  a  government  necessity,  which  might  probably  compel  the 
seizure  of  the  vessel  for  permanent  public  uses.  Under^.  these  circum- 
stan'ces.  Col.  Blanton  Duncan,  who  is  interested  with  me  in  this  matter, 
submitted  to  the  Secretary  of  War,  on  the  12th  of  January,  1863,  a 
written  proposal  for  the  employment  of  the  "  Giraffe  "  in  the  service 
of  the  Government — see  copy  (No.  5).  No  reply  having  been  made 
to  this  offer,  it  was  withdrawn  by  letter  dated  Feb.  17,  1863, — see  cdfpy 
(No.  6). 

The  "  Giraffe  "  started  on  her  second  voyage  on  the  20th  of  January, 
1863.  I  went  on  her  and  returned  with  her  to  Wilmington,  on  the 
day  of    February,  1863.     I  came  at  once  to  Richmond,  and  upon 


my  arrival  learned  that  the   Secretary  of  ^Ya.v  had  submitted,  for  the 
opinion  of  the  Attorney  General,  a  number  of  questions  as  to  the  con- 
tract under  which  I  claim  the   "  Giraffe."     I  have  not  seen  the   case* 
made  by  the  Secretary,  except  so  far  as  it  is  disclosed  in  the  opinion  of 
the  Attorney  General,  dated  February  17,  1863, — see  copy  (No.  7). 

That  opinion  is  the  deliberate  judgment  of  the  Law  adviser  of  the 
Government  upon  facts  and  statements,  derived  wholly  from  the  Sec- 
retary of  War,  and  when  I  learned  the  character  of  the  opinion,  I  took 
ii  for  granted  that  no  farther  obstacle  would  be  presented  to  the  prompt 
delivery  of  the  vessel,  upon  the  terms  indicated  by  the  Atterney  Gen- 
eral. I  was,  therefore,  greatly  surprised  to  learn  from  the  Secretary  of 
War,  in  a  personal  interview,  that  he  did  not  intend  to  be  guided  by 
the  opinion  of  the  Attorney  General,  but  would,  as*he  said,  do  as  he 
pleased  in  the  matter,  and  especially,  that  he  was  determined,  at  all 
events,  to  have  the  use  of  the  "  Giraffe."  I  6onfess  to  having  become 
greatly  excited  at  these  declarations,  and  we  parted  in  no  amiable  tem- 
per. 

Soon  after  leaving  him  I  sent  him  a  note,  dated  Feb.  23,  1863,  but 
before  receiving  any  Hsply  I  sent  him  another,  of  the  same  date — see 
copies  (No.  8)  and  (No.  9).  To  these  notes  I  received  replies  from 
the  Assistant  Secretary  of  War,  dated  Feb.  23  and  24,  1863, — see 
dopies  (No.  10)  and  (No.  11). 

Upon  receiving  the  first  letter  from  the  Assistant  Secretary,  I  dis- 
covered, as  I  supposed,  a  marked  change  in  the  purposes  of  the  Depart- 
ment. I  could  not  suppose  that  if  the  Secretary  still  intended,  at  all 
events,  to  retain  the  ''  Giraffe,"  he  would  deem  it  proper  or  becoming  to 
call  upon  me  to  come  forward,  wihin  forty-eight  hours,  to  make  an 
actual  tender  of  money  amounting  to  near  half  a  million  of  dollars,  and 
I  could  see  no  motive  he  could  have  to  ask  me  to  comply,  on  my  part, 
with  a  contract  which  he  did  not  admit  to  be  binding  upon  the  Govern- 
ment. I  therefore  addressed  to  the  Assistant  Secretary  a  letter,  dated 
February  24,  1863, — see  copy  (No.  12,) — and  sent  with  it  the -certifi- 
cates of  deposit,  therein  mentioned,  amounting  to  half  a  million  of  dol- 
lars. The  Assistant  Secretary  waived  the  necessity  of  producing  the 
Treasury  notes — asked  an  opportunity  to  confer  with  the  Secretary, 
and  uequested  that,  in  the  mean  time,  the  certificates  might  be  with- 
held. 

On  the  next  morning  I  received,  through   the  Post  Office,  a  letter 


addressed  by  the  Assistant  Secretary  of  War  to  the  Hon.  J.  P.  Bald- 
win, who,  at  my  request,  had  been  the  bearer  of  my  letter  with  the 
•tender  of  the  certificates.     This  letter  is  dated  Feb.  24,  1863, — see 
copy  (No.  13). 

I  have  thus  given  what  I  believe  to  be  a  true  and  correct  account  of 
this  transaction,  and  upon  these  facts  I  respectfully  ask  your  attention 
to  the  following  points,  suggested  by  the  final  letter  of  the  Assistant 
Secretary : 

1.  As  to  ^^  the  circumstances  attending  the  purchase  of  the  Giraife^ 
and  the  obligations  of  the  Grovernment  under  that,  purchase." 

.  When,  from  the  9th  to  the  17th  of  the  present  month,  the  Attorney. 
G-eneral  was,  at  the  instance  of  the  Secretary  of  War,  engaged  in  the 
consideration  of  these  very  obligations,  it  must  be  presumed  that  he 
was  furnished  by  the  Secretary  with  every  fact  within  his  knowledge 
calculated  to  afi'ect  the  questions  submitted.  In  view  of  the  vhole 
transaction,  as  then  presented,  the  Attorney  General  used  the  follow- 
ing emphatic  language : 

"  According  to  these  rules,  under  the  facts  stated,  I  do  not  doubt 
that  the  Government  was  bound  to  deliver  the  vei^el  purchased  to  Maj. 
Ficklin,  oil  her  arrival  in  a  Confederate  port,  on  his  paying  the  cost  of 
such  vessel  to  the  Government." 

If,  since  that  opinion  was  given,  any  new  facts  have  come  to  the 
knowledge  of  the  Secretary  of  War,  tending  to  affect,  adversely,  my 
claim  to  tbe  "  Giraffe,"  I  submit,  very  respectfully,  that  I  was  entitled 
to  notice  and  fair  opportunity  to  meet  such  new  matter,  before  it  could 
properly  be  acted  upon  to  my  prejudice. 

2.  As  to  "the  matter  contained  in  my  paper  of  24th  of  February, 
1863." 

That  paper,  hereinbefore  referred  to  as  No.  12,  was  a  mere  formal 
tender,  on  my  part,  to  perform  the  contract  according  to  the  opinion  of 
the  Attorney  General.  No  intimation  had  been  given — none  has  yet 
been  given — as  to  the  construction  placed  upon  the  contract  by  the 
War  Department.  No  account  had  been  rendered  to  show  how  much 
I  was' expected  to  pay,  or  in  what  form  the  payment  was  to  be  made. 
I  was  yet  called  upon  to  tender  performance  at,  my  own  risk,  and  when 
I  adopted  the  opinion  of  the  Attorney  General  as  the  basis  of  my  offer, 
the  offer  was  simply  rejected  without  any  suggestion  of  a  different  con- 
struction.    This,  I  must  be  allowed  to  say,  looks  Hke  there  was  a  fore- 


gone  conclusion  to  reject  any  tender  of  performance  on  my  part,  and 
that  I  was  put  through  a  solemn  fiirce  when  I  was  required  to  produce 
half  a  million  of  dollars,  at  the  office  of  the  Assistant  Secretary  of  War, 
within  forty-eight  hours. 

8.  As  to  "  the  apparently  reserved  claim,  for  the  use  of  the  vessel, 
since  olst  Dec.  last." 

This  claim  was  one  of  the  subjects  referred  to  the  Attorney  General, 
as  appears  from  his  opinion.  He  suggested  that  ^^ those  who  are  more 
acquainted  with  ships  and  the  value  of  their  use  would  be  better  able 
to  determine "  how  much  should  be  allowed  me,  than  the  Attorney 
General.  Acting  upon  this  suggestion,  T  proposed  not  to  reserve  the 
claim,  but  to  submit  it  to  the  decision -of  "  competent  shippers  on  equi- 
table terms."  Tiie  amount  of  any  compensation  ascertained  to  be  due 
me,  would  have  constituted  a  set  off  against  the  price  of  the  vessel,  but 
I  preferred  and  proposed  to  settle  each  matter  separately. 

4.  As  to  "  the  peremptory  demand  for  present  unconditional  delive- 
ry "  of  the  vessel.  ♦ 

Accompanying  every  offer  of  payment  for  the  vessel  there  was,  of 
course,  a  demand  of  concurrent  transfer  and  delivery.  I  do  not  pro- 
pose to  justify  the  tone  of  notes  written  under  the  excitement  occasion- 
.ed  by  an  earnest  belief  that  I  had  been  wronged,  but  I  claim  that  the 
right  to  demand  the  delivery,  concurrent  -^th  the  payment,  is  clear 
beyond  controversy,  and  is  in  fact  the  only  proper  manner  of  conduct- 
ing such  a  transaction. 

5.  As  to  ''  the  various  propositions  of  Mr.  Duncan,  with  respect  to 
the  future  employment  of  the  vessel,  and  the  withdrawal  of  all  those." 

The  only  written  proposition  made  by  Mr.  Duncan,  is  that  already 
referred  to  as  No.  5.  That  proposition  remained,  subject  to  acceptance 
by  the  Secretary  of  "War,  for  a  month  and  five  days,  without  the  least 
notice  having  been  taken  of  it.  That  it  should  have  been  at  last  .with- 
drawn, was  certainly  no*  ground  of  complaint  or  surprise.  It  is  very 
probable  that  Mr.  Duncan  may  have  made,  orally,  a  number  of  other 
propositions,  but  they  were  all  disposed  of  when  made,  and  no  with- 
drawal of  them  was  necessary.  It  is  a  singular  fact,  connected  with 
this  transaction,  that  though  my  contract  for  the  "  Giraffe  "  has  not  been 
denied,  and  though  the  performance  of  that  contract,  on  my  part,  has 
not  been  controverted,  the  Government  has  not  offered  performance  of 
the  contract  on  any  terms,  or  indicated  any  form  in  which  performance 


6 

on  my  part  would  be  accepted.  And  although  various  suggestions  and 
propositions  have  been  made,  on  my  part,  for  the  employment  of  the 
vessel  in  the  service  of  the  Government,  there  has  not  been,  at  any 
time,  a  suggestion  from  the  War  Department,  of  any  terms  other  than 
a  denial  of  my  right,  or  the  forcible  seizure  of  my  property. 

It  seems  never  to  have  occurred  to  the  War  Department,  that  an  es- 
sential element  in  a  fair  contract,  is  that  there  shall  be  ^'  two  to  the 
bargain,'^  and  that  each  party  must  be  free  to  contract.  I  submit  that 
the  agreement  to  "  let  me  have  the  vessel,"  was  a  pledge  on  the  part 
of  the  Government,  that  I  should  be  placed  in  the  position  and  have 
the  substantial  privileges  of  real  owner. 

6.  As  to  '^  the  necessities  of  the  Confederate  States,  in  regard  to  the 
present  employment  of  the  vessel."  f^ 

I  have  already  stated  that  no  effort  has  been  made  by  the  Govern- 
ment to  obtain,  by  contract,  the  present  use  of  the  vessel.  It  is  true 
that,  in  reply  to  the  remarks  of  the  Secretary  of  War,  that  he  was  de- 
termined to  have  the  use  of  the  vessel,  I  declared  that  he  should  not 
have  it  if  I  could  help  it.  But  I  deem  it  to  be  just  to  myself  to  say 
that  there  has  been  no  tilne,  and  I  hope  there  never  will  be,  when,  if 
fairly  approached  for  a  contract  upon  equal  terms,  I  would  not  have 
felt  bound  to  give  to  the  Government  the  preference  over  all  others — 
except  my  native  State — bj^th  as  to  the  time  and  the  terms  of  an  agree- 
ment, for  any  property  I  possess. 

I  claim  the  right,  hov/ever,  to  deny  and  to  disallow  the  plea  that  the 
necessities  of  the  Government,  for  the  present  use  of  my  property,  even 
tend  to  justify  the  failure  or  refusal  to  acknowledge  my  just  rights  as 
owner.  If  the  property  is  justly  mine,  I  have  a  right  to  have  my  claim 
fully  recognized,  and  my  title  fully  established.  If  then  the  Govern- 
ment wishes  the  use  of  the  property,  it  can  plead  no  necessity  for  vio- 
lent seizure  until  it  shall  at  least  have  made  fair  trial  of  just  negotiation. 
It  would,  I  sub&it,  be  unworthy  of  a  great" Government,  to  subject 
itself  to  the  imputation  of  driving  one  bargain,  by  withholding'the 
performance  of  another. 

7.  I  ask  special  attention  to  the  fact,  that  by  the  action  of  the  War 
Department,  I  am  not^only  deprived  of  valuable  property  which  I  have 
fairly  earned,  but  I  am  left  without  compensation  for  my  services,  or 
reimbursement  for  my  expenditures.  No  proposition  or  suggestion  has 
been  made  to  give  me  indemnity  or  compensation  in  any  form. 


I  am,  Sir,  a  single  citizen,  demanding,  I  trust  with  becoming  respect, 
what  I  verily  believe  are  my  just  rights.  You  are  the  Representative 
of  the  Government,  upon  the  success  of  which  depends  all  that  I  value. 
I  have  no  desire  to  make  any  unjust  demand,  or  to  expect  any  unrea- 
sonable profit,  in  any  transaction  with  the  Government,  hut  I  look  to 
you  to  see  that  the  power  of  the  Government  is  not  employed  in  viola- 
tion of  my  rights  as  a  citizen.  ff^ 

I  ask  for  my  cause  a  patient  e!tamination.  I  am  sure  you  will  give 
fair  judgment  without  respect  of  persons. 

Respectfully,  your  obedient  servant, 

13.  F.  FIGKLIN. 


No.  1. 


Confederate  States  of  America, 
War  Department, 
Richmond,  Va.,  Aug.  12th,  1862. 
Lt.  John  Wilkinson,  C.  S.  Navy : 

Sir  :  It  has  been  determined  by  the  Secretaries  of  the  Treasury  and 
of  War,  to  purchase,  in  Great  Britain,  a  small  steamer  for  the  purpose 
of  bringing  in  a  cargo;  and,  at  their  request,  you  have  been  detailed 
by  the  Secretary  of  the  Navy,  to  make  the  purchase  and  bring  the 
vessel  in. 

Mr.  Benjamin  Ficklin,  who  will  accompany  you,  has  had  his  atten- 
tion called  to  a  vessel  of  five  hundred  tons,  said  to  be  suitable  for  our 
purposes,  and,  in  consideration  of  his  assistance  in  the  enterprise,  we 
have  agreed  to  let  him  have  the  steamer  at  cost,  upon  her  arrival  in  a 
Confederate  port. 

The  cost  of  the  steamer  is  expected  to  be  thirty  thousand  pounds, 
and,  possibly,  it  may  require  five  thousand  pounds  to  bring  her  over. 

You  will,  therefore,  be  furnished  with  thirty-five  thousand  pounds 
sterling,  in  exchange,  l^ou  must  consult  your  own  judgment  about  the 
port  into  which  you  will  bring  the  steamer. 

The  Treasury  Department  will  give  you  instructrons  about  the  por- 
tion of  the  cargo  allotted  to  that  Department,  and  the  Quartermaster 
General,  the  Chief  of  Ordnance  and  the  Surgeon  General,  will  give 
you  orders  for  what  they  wish. 


8 

It  is  expected  that  the  steamer  will  have  capacity  for  at  least  two 
hundred  tons  of  cargo,  of  which  about  fifty  will  be  allotted  to  the  Trea- 
sury, and  the  rest  to  the  "War  Department. 

The  funds,  to  make  purchases,  will  be  supplied  to  you  in  exchange 
on  England,  and  as  soon  as  you  receive  the  money  and  the  instructions 
for  making  purchases,  you  will  proceed  to  your  destination  without  de- 
lay. ^. 

Time  is  important,  but  your  first  ^object  will  be  the  safety  of  the 
vessel  and  cargo. 

Very  respectfully, 

GEO.  W.  RANDOLPH, 

Secretary  of  War. 


No.  2. 

Richmond,  Feb.  25th,  1863. 
Maj.  Benj.  F.  Ficklin,  Richmond : 

Sir  :  I  have  received  your  note,  requesting  me  to  give,  ^'  in  writing, 
my  recollection  of  the  circumstances  attending  the  contract  made  by 
you  with  me,  as  Secretary  of  War,  on  the  12th  day  of  August,  1862, 
in  relation  to  the  purchase  of  the  steamer  Girafie." 

The  Secretary  of  the  Treasury  called  oh  me,  in  company  with  your- 
self, and  stated  that  his  Department  was  very  much  in  want  of  certain 
articles,  and  that  he  wished  to  send  you  to  England  to  purchase  them. 
That  you  knew  a  steamer,  in  England,  well  suited  for  running  the 
blockade,  but  that  he  had  no  authority  to  buy  steamers,  and  had  called 
for  the  purpose  of  requesting  me  to  make  the  purchase,  and  that  I 
would  give  him  space  for  fifty  tons  of  freight,  reserving  the  rest  for  my 
Department.  lie  said,  also,  that  you  were  to  take  the  steamer  at  cost, 
on  her  arrival  in  a  Confederate  port. 

I  assented  to  the  proposition,  if  the  Secretary  of  the  Navy  could 
detail  a  naval  officer  to  purchase  and  bring  in  the  steamer,  but  remark- 
ed that  on  her  amval  she  would  probably  be  worth  more  than  cost. 
You  replied  that  the  privilege  of  purchasing  her  at  cost  was  intended 
as  compensation  for  your  servi-ces,  and  I  made  no  further  objection, 
supposing  thirt  the  Secretary  of  the  Treasury  understood  better  than  I 


9 

did  the  character  of  the  services  to  be  rendered  to  his   Department, 
and  could  better  estimate  the  compensation  to  be  made. 

I  was  desirous  of  facilitating  his  operations  and  of  availing  myself 
of  what  seemed  a  good  opportunity  to  import  speedily  such  things  as 
were  most  needed  for  the  army,  and  I  did  not  wish  to  retain  the  steam- 
er, for  I  was  of  opinion  that  Government  vessels,  employed  in  running 
.the  blockade,  should  belong  to  the  Navy,  th.e  War  Department  having 
under  its  control  no  person- fitted  for  such  service,  and  no  means  of 
equipping  and  repairing  steamships.  I  had,  accordingly,  not  long  be- 
fore, sold  the  only  steamship  owned  by  the  War  Department. 

You  will  find  a  statement  of  the  contract  with  you,  in  a  letter  of  in- 
structions to  Lt.   John  Wilkinson,  of  the   Navy,  who  was  detailed  to 
command  the  steamer,  and  reported  to  me  for  instructions. 
Respectfully,  your  obedient  servant, 

'GEO.  W.  RANDOLPH. 


No.  3. 

Treasury  Office,  Feb.  21,  1863. 
Maj.  B.  F.  Ficklin  : 

Sir  :  In  reply  to  the  enquiries  made  in  your  note  I  have  to  say,  that 
the  plan  of  purchasing  a  vessel  to  bring  out  certain  supplies  for  the 
War  and  Treasury  Departments,  was  suggested  by  you.  Y"ou  informed 
me  that  you  knew  of  a  swift  vessel  that  could  be  purchased  in  England 
or  Scotland,  I  do  not  remember  which ;  that  you  would  go  out  and  make 
the  purchases  required  by  the  Treasury'Department,  and  load  the  ves- 
sel with  those  articles  and  munitions  and  supplies  desired  by  the  War 
Department ;  that  your  compensation  should  be  in  the  form  of  an  un. 
dertaking  to  let  you  have  the  vessel  at  cost,  whenever  sl^  should  safely 
deliver  her  cargo  at  a  Confederate  port;  and,  to  secure  the  interest  of 
the  Government,  the  vessel  was  to  be  purchased  and  put  under  the 
command  of  an  officer  of  the  Navy. 

^  I  called  with  you  on  the  Secretary  of  War,  conferred  with  him  upon 
the  contract  and  agreed  with  him  as  to  its  expediency,  if  he   thought 
the  urgency  of  his  own  wants  justified  his  purchase  of  the  vessel. 
This  justification  he  thought  existed. 
2 


10 

As  to  the  execution  of  the  orders  of  this  Department,  it  has  been 
well  done,  and  the  articles  purchased   are  of  great  value  and  import- 
ance.    Without  these  purchases  the  printing  of  Treasury  Notes  would 
have  been  most  seriously  embarrassed,  if  not  brought  to  a  stand. 
Kespectfully,  yotir  obedient  servant, 

C.  a.  MEMxMINGER, 
Secretary  of  Treasury. 


No.  4. 


Richmond,  Va.,  Feb.  24th,  1863. 
Sir  :  In  reply  to  your  request  that  I  would  state  to  you,  in  writing, 
whether  you  rendered  me  "assistance  in  the  purchase  of  the  "  Giraffe," 
and  the  character  of  that  assistance,  I  have  to  reply,  that  all  informa- 
tion with  regard  to  the  vessel,  was  derived  from  you,  and  that  I  was 
indebted  to  you  for  advice  and  assistance  in  the  negotiation  for  pur- 
chase. 

Respectfully,  &c.,     ^ 

J.  WILKINSON,  C.  S.  N. 
B.  F.  FiCKLTN,  Esq.,  Richmond. 


No.  5. 


Columbia,  January  12,  1863. 
Hon.  James  A.  Seddon, 

Secretary  of  War : 

Sir  ;  As  it  may  be  desirable  for  you  to  understand  exactly  the  posi- 
tion which  it  has  always  been  my  purpose  to  assume,  in  the  manage- 
ment of  the  Giraffe,  I  make  you  a  statement,  which  you  may  consider 
in  the  light  of  a  proposition,  and  may  suggest  such  alterations  as  ma^ 
be  deeftied  expedient  to  you. 

It  has  always  been  my  plan  and  intention,  that  the  vessel  should  be 
used  for  the  benefit  of  the  Government,  and  to  transport  the  freight  of 


11 

tlie  "War  Department  into  Confederate  ports,  at  the  usual  price  paid  to 
other  vessels  for  doing  the  same.  The  cargoes  out  to  be  cotton,  fur- 
nished by  the  War  Department  at  the  port,  and  the  net  sales,  exclu- 
ding any  freights  to  the  Giraffe,  to  be  equally  divided  between  the 
Department  and  myself,  thus  enabling  you  to  procure  your  sterling  on 
England  at  30  per  cent,  below  par,  instead  of  at  200  premium.  I 
wished  the  War  Department  to  have  the  exclusive  benefit  of  this  ar- 
rangement, so  as  to  have  but  one  person  to  control 'the  matter.  With 
authority  from  the  War  Department,  I  should  have  the  cotton  always 
ready  at  the  port,  sq  that  no  delay  would  occur,  and  she  could  be  load- 
ed and  sent  to  sea  immediately.  Major  Fickliu  would  attend  to  the 
shipment  at  Nassau  and  Bermuda,  of  the  cotton  in  British  bottoms,  to 
be  forwarded  to'Liverpool.  Your  Department  could  always  have  the 
refusal  of  300  tons' of  freight  into.tlie  Confederacy,  and  if  we  should 
be  successful,  our  profits  would  be  invested  in  other  steamers,  suitable 
for  the  same  purpose,  and  placed  at  3^our  disposition. 

Al  the  Government  would  thus  be  constantly  interested  in  the  Gi- 
raffe, to  a  large  amount,  I  should  ask  that  a  Naval  officer,  Lieut.  John 
Wilkinson,  might  be  retained  in  charge  of  the  vessel,  to  supervise  and 
control  everything  connected  with  the  management  thereof.  The  cost 
of  running  the  vessel  would  be  paid  entirely  by  me.  Whenever  your 
Department  did  not  have  freight  ready  for  shipment,  or  did  not  desire 
to  send  such  an  amount,  I  should  always  have  notice  thereof  immedi- 
ately upon  arrival  at  port,  so  as  to  put  on  freight  of  my  own.  This 
arrangement  cannot  fail  to  be  advantageous,  in  my  judgment,  *as  the 
total  cost  each  trip,  of  the  cargo  of  cotton,  will  not  exceed  $80,000,  and 
will  only  be  about  one  fourth  of  the  risk  which  we  shall  assume  upon 
the  vessel.  At  the  present  prices,  in  England,  your  half  should  pro- 
duce yoil  upwards  of  £20,000.  I  would  like  to  hear  from  you  at  your 
earliest  convenience  any  suggestions  or  modifications,  which  would  per- 
haps be  acceptable  to  me.  Individually  I  had  purchased  cotton,  with 
which  to  freight  the  Giraffe  on  her  present  trip. 

Very  respectfully, 

'  BLANTON  DUNCAN. 


12 

No.  6. 

Richmond,  February  17th,  1863. 
Hon.  J.  A.  Seddon, 

Secretar}/  of  War  : 
Sir:  My  letter,  proposing  to  you  terms  for  shipping  on  the  Giraffe, 
having  been  so  long  unanswered,  I  have  concluded  to   withdraw  the 
proposition  therein  contained. 

It  is  my  wish  to  disembarrass  the  pending  adjustment  of  everything 
not  necessarily  pertaining  to  it. 

With  respect,  &c., 

BLANTON  DUNCAN, 

By  GARNETT  DUNCAN. 


No.- 7. 


Confederate  States  of  America,     . 
Department  of  Justice, 
KtcoMOND,  Feb.  17th,  1863. 
Hon.  Jas.  A.  Seddon  : 

Sir  :  I  have  the  honor  to  make  the  following  reply  to  your  letter  of 
the  9th  inst.,  received  by  me  on  the  13th  instant : 

The  law  which  created  the  Department  of  Justice,  authorizes  and 
requires  the  Attorney  General  to  give  '^  his  advice  and  opinions  on 
questions  of  law,''  when  requested  by  any  of  the  heads  of  Departments. 
It  would  be  improper  for  the  Attorney  General  to  extend,  by  construc- 
tion, the  power  and'influence  of  his  office,  beyond  the  scope  of  the  law 
defining  his  duties.  He  has  no  power  given  to  decide  questions  of  fact. 
I  make  these  remarks  to  show,  that  so  far  as  the  questions  in  your  let- 
ter of  the  9th  inst.,  involve  the  ascertainment  of  facts  from  conflicting 
statements,  or  the  ascertainment  of  a  fact  outside  of  the  papers  sub- 
mitted, I  cannot  legally  and  officially '^■espond  to  it.  My  opinion  must 
be  based  on  the  facts  submitted,  and  confined  to  the  questions  of  law, 
growing  out  of  these  facts. 

The  questions  propounded  by  you  to  me,  are  as  follows  : 

"  1st.  As  to  whether  this  Department  became  bound  ou  the  arrival 


13 

of  the  ship,  the  Giraffe,  in  a  port  of  the  Confederacy,  to  deliver  her 
over  to  Major  Ficklin,  as  proprietor,  on  his  paying  her  cost. 

"  2d.  If  you  consider  the  Department  so  bound,  how  the  payment 
should  be  made,  by  Major  Ficklin ;  whether  in  sterling,  with  interest 
from  date  of  payment  by  the  Confederate  Government,  or  in  what 
equivalent  at  the  Confederate  port. 

''3d.  Whether  any  liability  or  equitable  claim,  such  as  this  Depart- 
ment or  Government  ought  to  respect  and  provide  for,  exists  from  this 
transaction  in  favor  of  the  English  vender  of  the  ship;  and  whether,  in 
case  the  ship  be  delivered*  to  Maj.  Ficklin,  any,  and  if  any,  what  in- 
demnity or  provision  against  such  claim  or  liability  should  be  exacted 
from  Maj.  Ficklin,  before  its  delivery  to  him."    ^  • 

"  In  the  contingency  of  a  decision,  by  you,  that  the  ship  should  have 
been  delivered  to  Maj.  Ficklin  on  her  arrival  in  a  Confederate  Port; 
then,  as  the  ship  was,  with  his  acquiescence,  and  on  the  understanding, 
that,  on  her  return  voyage  from  Nassau,  to  which  she  was  sent  by  this 
Department,  he  should  be  entitled  to  freight  her  to  an  extent  not  ex- 
ceeding twenty  tons,  I  request  your  opinion  as  to  whether  any,  and  if 
any,  what  compensation  should  be  equitably  allowed  him,  as  compensa- 
tion for  her  use  by  the  Department  in  the  voyage,  and  how,  if  allowed, 
it  should  be  ascertained  in  money,  to  be  deducted  from  the  amount  to 
be  paid  by  him  for  the  cost  of  the  ship.'' 

It  appears,  from  the  papers  submitted  to  me,  that  there  was  a  con- 
tract between  the  War  Department  and  Maj.  Ficklin ;  the  terms  of  that 
contract  are  stated  in  a  letter  of  Hon.  Geo.  W.  Eandolph,  Secretary 
of  War,  of  the  12th  of  August,  1862,  to  Lt.  John  Wilkinson,  and  are 
as  follows:  "  Mr.  Benj.  Ficklin,  who  will  accompany  you,  has  had  his 
attention  called  to  a  vessel  of  five  hundred  tons,  said  to  be  suitable  for 
our  purposes,  and  in  consideration  of  his  assistance  in  the  enterprise, 
we  have  agreed  to  let  him  have  the  steamer,  at  cost,  upon  her  arrival 
in  a  Confederate  port." 

It  appears,  from  the  evidence  before  me,  that  Maj.  Ficklin  rendered 
the  service  ('' assistance  in  the  enterprise")  required  of  him,  and  it 
appears  that  he  offered  to  pay  the  cost  of  the  vessel,  on  her  arrival  in  a 
Confederate  port.  These  facts  show,  that  as  between  man  and  man, 
there  was  a  contract,  and  the  terms  of  it  were  complied  with  by  Maj. 
Ficklin,  as  far  as  he  was  permitted  to  do.  In  determining  whether  the 
Government  of  the  Confederate   States  is  bound  by  the  terms  of  an 


14 

agreement,  I  adopt  the  same  rules  wliicli  would  govern  individuals  in 
their  transactions.  According  to  these  rules,  under  the  facts  stated, 
I  do  not  doubt  that  the  Grovernment  was  bound  to  deliver  the  vessel 
purchased  to  Maj.  Ficklin,  on  her  arrival  in  a  Confederate  port,  on  his 
paying  the  cost  of  such  vessel  to  the  Government.  But,  in  ascertain- 
ing what  was  or  is  to  be  the  cost  to  the  Governnfent,  it  is  necessary  to 
determine  the  binding  terms  of  the  contract,  in  the  purchase  of  the 
vessel  from  the  English  owner.  I  am  left  to  deduce  the  terms  of  this 
contract  from  the  following  papers,  signed  'by  Alex.  Collie  &  Co.,  and 
the  response  thereto,  by  Lt.  Wilkinson,  endol-sed  thereon : 

"  London,  16th  Oct.,  1862.  We  sell  the  Giraffe  to  the  Government 
oj?  the  Confederate  States,  at  purchase  price,  they  repaying  the  expen- 
ses incurred  for  surveying,  &c.  •  also,  the  purchasing  commission  of  2i 
per  cent.,  cash  on  the  delivery  of  the  boat.  And  the  Government,  as 
a  recompense  to  us — taking  into  consideration  that  the  "  Giraffe  "  is 
the  best  and  most  suitable  boat  in  England,  for  the  purpose  we  intend- 
ed her,  and  was  certain  to  have  realized,  on  the  first  voyage,  more  than 
her  cost — will  further  deliver  to  us,  at  the  termination  of  the  present 
war,  one  thousand  bales  of  cotton  (good  middling)  at  any  port  of  the 
Confederate  States,  packed  and  in  good  order.  But  as  we  are  most  de- 
sirous to  serve  the  Government,  in  any  way,  we  leave  this  last  consid- 
eration to  the  liberality  of  the  Government,  and  shall  not  insist  en 
this  being  a  part  of  the  bargain.  We  ought  to  mention  that  the  cargo 
for  the  Giraffe  has  been  contracted  for,  and  that  we  will  be  put  to  con- 
siderable inconvenience,  as  well  as  loss,  in  thu^  parting  with  her." 
Upon  this  paper  is  endorsed,  by  J.  Wilkinson,  C.  S.  N.,  the  following : 
"  Having  no  authority  from  the  Confederate  States  Government  to 
pledge  any  cotton  on  their  part,  I  will  lay  before  them  the  clause  rela- 
tive to  cotton,  it  being  no  part  of  the  bargain."  A  letter  of  Mr.  Alex. 
Collie,  written  to  Lt.  Wilkinson,  on  the  13th  of  Nov.,  1862,  is  among 
the  papers  submitted  to  me.  In  this  letter,  Mr.  Collie,  after  express- 
ing his  many  kind  feelings  and  sympathies  for  the  people  of  the  Con- 
federate States,  and  his  kind  wishes  for  their  success,  says :  "I  would 
not  wish  to  make  money  out  of  your  Government  in  the  hour  of  its 
greatest  need,  and  the  only  condition  I  wished  to  attach  to  the  bargain, 
was,  that  if  the  "  Giraffe  "  did  the  good  service  which  we  all  anticipate, 
it  should  be  left  to  the  liberality  of  your  Government  to  give  me  one 
thousand  bales  of  good  middling  cotton,  at  the  termination  of  hostili- 


15 

ties."  However  much  value  we  may  place  on  the  good  wishes  and 
kind  feelings  of  Mr.  Collie,  the  appeal  to  the  liberality  of  the  Govern- 
ment, for  the  cotton,  is  no  part  of  the  contract  of  purchase;  and  there 
is  no  binding  obligation,  either  legal  or  equitable,  on  the  Government, 
to  make  a  gift  to  Messrs.  Alex.  Collie  &  Co.,  of  a  thousand  bales  of 
cotton  at  the  termination  of  the  war.  The  value  of  the  cotton  does 
not  constitute  any  p^rt  of  the  "  cost "  of  the  Giraffe  to  the  Govern- 
ment. 

Maj.  Ficklin,  by  the  terms  of  agreement  between  him  and  the  War 
Department,  was  to  have  the  vessel  '^at  cost  upon  her  arrival  in  a  Con- 
federate port."  The  contract  between  Collie  &  Co.,  shows  the  ''cost" 
to  the  Confederate  States  to  have  been,  "the  purchase  price  Collie  & 
Co.  paid  for  the  vessel,  the  expenses  incurred  for  surveying,  &c.,  and  a 
purchasing  commission  of  2^  per  cent."^  What  the  amount  of  all  this 
was,  I  am  not  informed  by  the  papers  before  me.  But  I  suppose  lut. 
Wilkinson's  report  to  the  Government  shows  this.  Whatever  these 
items  amount  to,  Maj.  Ficklin  must  pay.  His  contract  bound  him  to 
pay  this  amount,  whatever  it  be,  on  the  arrival  of  the  vessel  in  a  Con- 
federate port.  It  appears,  from  the  papers  submitted  to  me,  that  he 
offered  to  do  this  at  the  time  and  place  stipulated.  If  he  tendered  the 
amount,  no  interest  would  accrue.  In  any  event  the  interest  would 
only  accrue  from  the  time  the  payment  ought  to  have  been  made  by 
the  laws  of  the  contract,  viz  :  from  the  time  of  the  arrival  of  the  ves- 
sel in  a  Confederate  port. 

If  I  am  right  in  the  construction  given  to  the  binding  terms  of  the 
contract  between  Collie  &  Co.  and  the  Confederate  States,  there  is  no 
claim  or  liability  against  which  Maj.  Ficklin  should  be  required  to  in- 
demnify the  Confederate  States.  If  the  thousand  bales  of  cotton 
should  ever  be  given  to  Collie  &  Co.,  it  can  only  arise  from  a  generous 
spirit  of  liberality,  and  not  from  the  binding  obligations  of  a  contract. 

How  much  should  be  allowed  Maj .  Ficklin  for  the  use  of  the  vessel 
since  she  should  have  been  delivered  to  him,  is  more  a  question  of  fact, 
dependent  on  agreement,  than  a  questipn  of  law.  Those  who  are  more 
acquainted  with  ships  and  the  value  of  their  use,  would  be  better  able 
to  determine  this  than  the  Attorney  General.  I  am  not  informed,  by 
the  papers  submitted  to  me,  what  agreement  there  was  as  to  the  pay- 
ment for  the  use  of  the  vessel,  since  her  first  arrival  in  a  Confederate 


16 

port.  From  the  question  put,  it  seems  that  there  must  have  been  some 
agreement,  as  it  is  said  in  the  question,  that  Maj.  Ficklin  was  to 
have  the  right  to  freight  the  vessel,  on  her  return  voyage,  to  an  extent 
not  exceeding  twenty  tons.  In  the  absence  of  any  agreement,  he  ought 
to  be  allowed  a  fair  value  to  the  extent  of  the  use  by  the  Government. 
What  that  fair  value  is,  I  have  no  right  or  means  of  determining. 

In  the  absence  of  any  agreement  as  to  the  mo(ie  of  payment  for  the 
vessel,  the  presumption  would  be,  that  the  ^^  cost "  of  the  vessel  must 
be  paid  in  gold  or  silver,  or  in  treasury  notes,  as  by  law  they  are  re- 
ceivable in  payment  of  all  dues  to  the  Government,  except  export 
duties. 

As  it  appears,  from  the  evidence  submitted  to  me,  that  the  Govern- 
ment paid  for  the  vessel  in  sterling  exchange;  if  Maj.  Ficklin  pays  in 
gold  and  silver  the  amount  n§,cessary  to  get  the  sterling  exchange  at 
thcitime  of  the  arrival  of  the  vessel  in  a  Confederate  port,  was  the 
amount  he  was  bound  to  pay;  if  he  pays  in  Treasury  notes,  an  amount 
of  these  sufficient,  at  the  time  of  the  arrival  of  the  vessel  in  the  Con- 
federate port,  to  get  the  amount  of  sterling  exchange  paid  by  the  Gov- 
ernment for  the  vessel,  was  the  amount  he  was  bound  to  pay.  It  ap- 
pears to  me  that  this  is  the  only  legal  and  equitable  mode  for  the  Gov- 
ernment to  get  the  "cosf  of  the  vessel. 
I  have  the  honor  to  be. 

Very  respectfully,  your  obedient  servant, 

T.  H.  WATTS,  Attorney  General. 


No.  8. 

Richmond,  Va.,  Feb.  23,  1863. 
Hon.  James  A.  Seddon  : 

Sir  :  We  desire  a  categorical  reply  to  certain  enquiries  in  regard  to 
the  steamer  ^'  Giraffe,"  and  request  an  immediate  reply. 

The  Attorney  General  has  decided  the  title  of  the  vessel  to  be  in  B. 
F.  Ficklin,  on  the  31st  of  December,  and  that  it.  has  been  withheld 
without  the    consent  of  the   owner^— that   we   are  to   pay   the  value 


17 

of  the  vessel,  .on  the  31st  December,  in  Confederate  money ^  less 
a  proper  compensation  for  the  use  thereof.  We  therefore  ask  that 
you  will  designate  what  person  we  shall  pay  the  amount  to,  we  ask 
that  you  will  designate  what  that  amount  is,  and  we  ask  that  you  will 
gi\fe  the  proper  orders,  at  once,  for  the  delivery  of  the  vessel. 

Very  respectfully, 

B.  F.  FICKLIN. 


No.  0. 

.     .  Richmond,  Feb.  23,  1863. 
Hon.  James  A.  Sedd^n, 

Secretary  of  "War : 
Sir  :  Having  received  no  satisfaction  in  the  enquiries  made  by  you 
personally,  I  now  ask,  again,  that  the  Giraflfe  shall  be  turned  over  to 
me  upon  payment  of  the  cost  price.  I  am  ready  and  prepared  to  pay 
for  her.  I  ask  that  her  price  shall  be  designated,  as  you  have  the 
opinion  of  the  Attorney  General  upon  the  questions  submitted,  and 
that  you  shall  at  once  designate  the  person  to  whom  that  payment  shall 
be  made.  I  wish  the  response  to  be  made  to  this  letter,  and  to  waive 
any  response  to  the  letter,  written  this  morning  in  a  great  hurry. 

Very  respectfully, 

B.  F.  FICKLIN. 

I  handed  to  you  certain  papers  to  be  laid  before  the  Attorney  Gen- 
eral, to  wit :  a  copy  of  the  requisition  for  $350,000,  dated  I4th  Aug., 
and  a  copy  of  the  endorsement  upon  it,  in  the  Treasury  Department ; 
also,  a  copy  of  memorandum  of  Alex.  Collie  &  Co.,  dated  16th  Oct., 
1862,  with  certain  endorsements  of  Capt.  J.  N.  Wilkinson  thereon ; 
also,  copy  of  instructions  to  Capt.  Wilkinson,  of  12th  August,  1862. 
You  will  please  return  these  papers  of  mine  to  me. 

Respectfully, 

B.  F.  F. 
3 


18 


No.  10. 


Confederate  States  of  America, 
War  Department,      • 
Richmond,  Va.,  Feb.  23,  1863. 
B.  F.  Ficklin,  Esq.,  Richmond,  Va: 

Sir  :  Your  letter,  of  this  date,  has  been  received  by  the  Secretary 
of  War.  He  declines  to  carry  on  a  correspondence  which «jommences 
in  the  ton^  assumed  in  this  letter,  but  directs  me  to  reply  that  I  am 
authorized  to  receive  from  you  any  offer,  in  writing,  accompanied  with 
any  tender  of  money  or  securities  that  you  may  be  advised  it  is  proper 
for  you  to  make,  as  your  part  of  the  duty  to  be  performed,  to  entitle 
you  to  a  transfer  of  the  steam  vessd  "  Giraffe." 

I  will  receive  your  written  communicatiofi,  with  the  offer  of  the 
money  or  securities,  at  my  office,  in  the  War  Department,  during  office 
hours,  on  to-morrow  or  Wednesday,  as  you  may  select. 

As  I  desire  to  report  the  entire  close  of  this  negotiation,  it  is  hoped 
that  you  will  come  prepared  to  do,  at  this  time,  all  that  you  feel  called 
upon  to  do  under  the  contract,  according  to  which  you  suppose  your- 
self entitled  to  claim  the  delivery  of  the  vessel,  as  contained  in  your 
letter. 

Very  respectfully, 

J.  A.  CAMPBELL, 

Assistant  Secretary/  of  War. 


No.  11. 


Confederate  States  of  America, 
War  Department, 
Richmond,  Va.,  Feb.  24,  1863. 
Sir  :  Your  second  letter,  of  yesterday's  date,  was  received.     Your 
first  letter,  of  yesterday's  date,  was  replied  to,  by  the  direction  of  the 
Secretary  of  War,  and  is  confirmed. 


19 

I  shall  expect  to  receive  from  you,  to-day  or  to-morrow,  a  personal 
offer  of  whatever  money  or  securities,  and  whatever  else  you  may  con- 
sider it  proper  to  do,  under  your  supposed  contract  for  the  purchase  of 
the  G-iraffe,  accompanied  with  a  written  explanation  of  what  you  may 
have  to  say  or  do,  so  that  there  may  be  no  error  or  misconception;  that 
being  done,  this  DepartSient  will  do  whatever  it  considers  to  be  right 
and  proper  under  the  conditions  that  may  be  presented. 

The  papers  you  refer  to,  as  having  been  submitted  to  the  Attorney 
'General,  have  become  official  papers  of  the  Department,  but  certified 
copies  will  be  prepared  for  you. 

Your  obedient  servant, 

J.  A.  CAMPBELL, 

Assistant  Secretary  of  War. 
B.  F.  FiCKLiN,  Esq.,  Richmond,  Va. 


No.  12. 

Richmond,  Va.,  February  24,  1863. 
Hon.  J.  A.  Campbell, 

Assistant  Secretary  of  War  : 
Sir  :  Yotlrs  of  23d  inst.  is  duly  received,  and  in  reply  I  have  to 
say: 

l'.  That  the  contract  under  which  I  claim  the  transfer  of  the  steamer 
"  Giraffe  "  is  shown  by  the  letter  of  Hon.  G-.  W.  Randolph,  then  Sec- 
retary of  War,  to  Lieut.  John  Wilkinson,  C.  S.  Navy,  dated  August 
12th,  1862.    • 

2.  That  my  rights  and  obligations  under  that  contract  are  set  forth 
distinctly,  and  I  think  correctly,  in  the  opinion  of  the  Attorney  Gen- 
eral, addressed  to  the  present  Secretary  of  War,  and  dated  February 
17,  1863. 

3.  That  I  am  prepared  and  now  offer  to  perform  the  contract  on  my 
part,  in  all  respects,  according  to  the  said  opinion  of  the  Attorney 
General,  as  follows : 

I  offer  to  pay,  in  Treasury  Notes  of  the  Confederate  States,  such  a  sum 
VL%  upon  the  arrival  of  the  Giraffe  in  a  Confederate  port,  would  have 


20 

purchased  the  amount  of  sterling  exchange  paid  by  the  Government 
as  the  cost  of  the  said  vessel ;  and  I  offer  to  pay,  in  Treasury  Notes, 
the  interest  on  that  sum  from  the  day  of  such  arrival. 

4.  I  do  not  know  and  have  no  means  of  ascertaining  the  precise  sum 
required  to  answer  these  terms,  as  the  papers  relating  to  the  subject  are 
properly  in  the  possession  of  the  Government!  I  therefore  ask  that 
you  will  furnish  me  with  a  statement,  such  as  will  enable  me  to  make 
the  precise  payment  required  by  the  opinion  of  the  Attorney  General. 

5.  As  evidence  of  the  good  faith  in  which  this  offer  is  made,  and  of 
my  ability  ^.o  comply  with  the  contract  on  my  part,  I  send  herewith 
certificates  of  deposit  for  five  hundred  thousand  dollars,  payable  at  two 
of  the  Richmond  Banks  in  Confederate  Treasury  Notes. 

6.  I  now  and  here  offer  the  said  sum  of  five  hundred  thousand  dol- 
lars, and  request  that  out  of  it  so  much  may  be  taken  by  you  as  will, 
upon  the  information  exclusively  in  possession  of  the  Government,  be 
sujQ&cieni;  to  pay  the  sum  required  by  the  opinion  of  the  Attorney  Gen- 
ral  as  hereinbefore  stated, 

7.  I  offer,  if  you  prefer  it,  to  bring  now  and  here  the  Treasury  Notes 
to  make  tender  of  them,  if  you  are  willing  to  have  so  large  a  sum  in 
that  form  brought  into  your  office. 

8.  These  offers  are  made  with  the  express  understanding  that 
they  are  to  be  accepted  upon  terms  of  concurrent  performance  on  the 
part  of  the  Government  of  the  contract  to  transfer  the  "  Giraffe ''  to 
my  ownership  and  possession. 

9.  As  you  have  required  me  to  communicate  in  writing,  and  to  make 
tender  of  money  and  securities,  you  will,  I  trust,  admit  the  propriety 
of  signifying  to  me  in  writing  your  conclusion  and  determination  upon 
the  several  matters  herein  stated. 

The  questions  arising  as  to  the  compensation  to  be  made  me  for 
the  use  of  the  "  Giraffe  "  since  her  first  arrival  have  no  proper  connec- 
tion with  the  main  contract,  and  I  prefer  to  keep  the  two  subjects 
separate.  I  am,  however,  prepared  to  submit  these  questions  of  com- 
pensation to  the  decision  of  competent  shippers — upon  equitable  terms. 
Respectfully,  your  obedient  servant, 

B.  F.  FICKLIN. 


21 


No.  13. 

Confederate  States  of  America, 
War  Department, 
Richmond,  Va.,  February  24, 1863. 
Sir  :  The  paper  directed  to  me,  signed  by  B.  F.  Ficklin,  wbicli  was 
handed  me  by  you  personally  on  his  behalf,  as  his  attorney,  has  been 
submitted  to  the  Secretary  of  War. 

I  am  directed  by  him  to  reply,  that  upon  a  consideration  of  the  cir- 
cumstances attending  the  purchase  of  the  "  Giraflfe  " — the  obligations  of 
the  Grovernment  under  that  purchase — the  necessities  of  the  Confederate 
States  in  regard  to  the  present  employment  of  the  vessel — the  various 
propositions  of  Mr.  Duncan,  with  respect  to  her  future  employment, 
and  the  withdrawal  of  these — the  peremptory  demand  for  present  un- 
conditional delivery,  with  the  apparently  reserved  claim  for  the  use  of 
the  vessel  since  the  31st  December  last — and  the  matter  contained  in 
your  paper  of  to-day — his  conclusion  is,  not  to  accept  Mr.  Ficklin's 
proposition  for  the  sale  of  the  "  Griraffe  "  to  him. 

I  have  endorsed  on  the  letter  of  Mr.  Ficklin,  "this  paper  contains 
an  exact  account  of  what  took  place  in  my  office  to-day.  The  certifi- 
cates of  deposit  remain  with  the  Hon.  J.  B.  Baldwin  with  my  appro- 
bation." 

The  papers  mentioned  in  Mr.  Ficklin's  letter  of  yesterday  shall  be 
copied  and  sent  to  him  through  the  post  office. 
"^  Very  respectfully. 

Your  obedient  servant, 

J.  A.  CAMPBELL, 

Assistant  Secretary  of  War. 
Hon.  J.  B.  Baldwin,  M.  C,  Kichmond. 

February  24tl;,  1863. 
B.  F.  Ficklin,  Esq.,  Richmond  : 

Sir  :  The  foregoing  is  a  true  copy  of  a  letter  this  day  sent  to  the 
Hon.  J.  B.  Baldwin. 

Your  obedient  servant, 

J.  A.  CAMPBELL, 

Assistant  Secretary  of  War. 


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